States throughout the country have seen a huge increase the sales of CBD oil, a non-psychoactive substance containing marijuana and hemp, including the state of Texas. Nonetheless, given the vagueness of Texas marijuana laws and continually changing marijuana policies at the federal level, many persons disagree about the legality of CBD oil in the state. Some law enforcement officials believe that so long as the product contains no detectable amounts of THC, or a very low amount of THC, CBD oil is illegal. Others, however, believe that all CBD oil is illegal, regardless of its composition.
Currently, the only Texas law in place that legalizes any form of hemp or marijuana is the Compassionate Use Act, which legalizes medical marijuana usage for patients with a rare form of epilepsy. Neither hemp nor marijuana, or derivatives thereof, are legal in any other form. Although the Texas District and County Attorneys Association consider CBD oil to be illegal under their interpretation of current state law, however, the fact that is a non-intoxicating substance renders it an extremely low priority, even it is illegal. There has been almost no prosecution of individuals for possessing, buying, or selling CBD oil and there have been no court cases interpreting Texas marijuana laws with respect to CBD oil.
What is the Legal Status of CBD Oil in Texas?
This position is consistent with recent moves in larger counties to essentially eliminate prosecution of persons caught with small amount of marijuana. In Travis County, for example, persons facing first-time charges for possessing small amount of marijuana can simply take a class in order to avoid prosecution. This tactic allows an already-overburdened court system to better prioritize cases for prosecution.
Our goal is to minimize the penalties that you can potentially face for the criminal offenses with which you are charged. We are here to investigate the facts and circumstances surrounding your case, evaluate your situation, and devise the best strategy for fighting your criminal charges. No matter what type of criminal charges you are facing, the attorneys of Peek & Tolandhave the experience, knowledge and reputation that you want and need for your criminal defense. When results matter most, contact us at (512) 474-4445.